Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 51

Version Superseded: 13/12/2010

Alternative versions:

Status:

Point in time view as at 27/06/2003. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 51 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

51 Remand and committal of children and young persons.S

(1)Where a court remands or commits for trial or for sentence a person under 21 years of age who is charged with or convicted of an offence and is not released on bail or ordained to appear, then, except as otherwise expressly provided by this section, the following provisions shall have effect—

(a)F1. . . if he is under 16 years of age [F2but is not a child to whom paragraph (bb) below applies, the court shall] commit him to the local authority [F3which it considers appropriate] to be detained—

(i)where the court so requires, in secure accommodation within the meaning of Part II of the M1Children (Scotland) Act 1995; and

(ii)in any other case, in a suitable place of safety chosen by the authority;

[F4(aa)if the person [F5has attained the age of 16 years and is] subject to a supervision requirement, the court may F6. . . commit him to the local authority which it considers appropriate to be detained as mentioned in sub-paragraphs (i) or (ii) of paragraph (a) above [F7or may commit him either to prison or to a young offenders institution] ;]

[F8(b)if he is a person who has attained the age of 16 years and to whom paragraph (aa) above does not apply, then where—

(i)the court has been notified by the Scottish Ministers that a remand centre is available for the reception from that court of persons of his class or description, it shall commit him to a remand centre; or

(ii)the court has not been so notified, it may commit him either to prison or to a young offenders institution;

(bb)if he is a child who is under 16 years of age but has attained the age of 14 years and is certified by the court to be unruly or depraved, then where—

(i)the court has been so notified as is mentioned in paragraph (b)(i) above, it shall commit him to a remand centre; or

(ii)the court has not been so notified, it may commit him either to prison or to a young offenders institution.]

(2)Where any person is committed to a local authority F9. . . under any provision of this Act, that authority F10. . . shall be specified in the warrant, and he shall be detained by the authority F11. . . for the period for which he is committed or until he is liberated in due course of law.

[F12(2A)Subject to subsection (4) below, where any person is committed to a remand centre under any provision of this Act, he shall be detained in a remand centre for the period for which he is committed or until he is liberated in due course of law.]

(3)Where any person has been committed to a local authority under any provision of this Act, the court by which he was committed, if the person so committed is not less than 14 years of age and it appears to the court that he is unruly or depraved, may revoke the committal and commit the said person—

(a)if the court has been notified that a remand centre is available for the reception from that court of persons of his class or description, to a remand centre; and

(b)if the court has not been so notified, [F13either to prison or to a young offenders institution] .

(4)Where in the case of a person under 16 years of age who has been committed [F14under this section to prison, to a young offenders institution or to a remand centre] , the sheriff is satisfied that his detention in prison or a [F15young offenders institution or] remand centre is no longer necessary, he may revoke the committal and commit the person to the local authority [F16which he considers appropriate] to be detained—

(a)where the court so requires, in secure accommodation within the meaning of Part II of the M2Children (Scotland) Act 1995; and

(b)in any other case, in a suitable place of safety chosen by the authority.

[F17(4A)The local authority which may be appropriate in relation to a power to commit a person under paragraphs (a) or (aa) of subsection (1) or subsection (4) above may, without prejudice to the generality of those powers, be—

(a)the local authority for the area in which the court is situated;

(b)if the person is usually resident in Scotland, the local authority for the area in which he is usually resident;

(c)if the person is subject to a supervision requirement, the relevant local authority within the meaning of Part II of the M3Children (Scotland) Act 1995 in relation to that requirement.

[F18(5)Where by virtue of subsection (1)(aa), (b)(ii), (bb)(ii) or (3)(b) of this section a person is committed either to prison or to a young offenders institution, the warrant issued by the court is warrant also, without further application to the court in that regard, for committal to whichever of the two the court does not specify.]]

Textual Amendments

F1Words in s. 51(1)(a) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 23(3)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F2Words in s. 51(1)(a) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(a)(ii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F3Words in s. 51(1)(a) substituted (1.8.1997) by 1997 c. 48, s. 56(2)(a); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F4S. 51(1)(aa) inserted (1.8.1997) by 1997 c. 48, s. 56(2)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F5Words in s. 51(1)(aa) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(i)}, 89; S.S.I. 2003/288, art. 2, Sch.

F6Words in s. 51(1)(aa) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(ii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F7Words in s. 51(1)(aa) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(iii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F8S. 51(1)(b)(bb) substituted for (b) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(c)}, 89; S.S.I. 2003/288, art. 2, Sch.

F9Words in s. 51(2) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(4)}, 89; S.S.I. 2003/288, art. 2, Sch.

F10Words in s. 51(2) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(4)}, 89; S.S.I. 2003/288, art. 2, Sch.

F11Words in s. 51(2) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(4)}, 89; S.S.I. 2003/288, art. 2, Sch.